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You must prove 4 elements in a personal injury claim

On Behalf of | Apr 12, 2024 | Personal Injury |

It’s always best to seek medical attention after being involved in a motor vehicle collision in Florida, even if there are no visible injuries. Conditions like whiplash, internal organ damage or brain trauma are not always immediately apparent. The same goes for any type of accident or incident that causes injury or illness. In some cases, a recovering victim might later decide to file a personal injury claim.

This is common in the aftermath of car accidents and other incidents where one or more people were responsible for another person’s injuries. For example, if someone is hit by a drunk driver, this is an incident that was likely preventable were it not for the driver’s decision to get behind the wheel after consuming alcohol. Another example would be if a person is injured because of a medical error. A plaintiff in a personal injury case must prove that certain elements existed when the collision or incident in question occurred.

In a personal injury case, the defendant must have owed a duty of care

Imagine someone slipping and falling in a restaurant, then later trying to sue another patron who was dining there at the time, who happened to be a licensed physician. If the individual did not render aid, it does not necessarily mean he or she is financially responsible for injuries. A physician owes a duty of care to his or her patients. However, an off-duty physician who is dining out does not necessarily owe a duty to provide medical treatment to other patrons. The property owner, however, has a duty of care to make sure walkways are safe for customers. Proving that a defendant owed a duty of care is necessary for a personal injury claim.

The plaintiff must also prove that the defendant failed to fulfill his or her duty, that this negligence caused an accident, and that the incident resulted in physical, emotional or economic injury. An experienced Florida personal injury attorney can explain the process of filing a claim in civil court and can help determine the maximum amount of compensation to which a plaintiff might be entitled. This amount varies with each case.


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